2022-05 HVAC UPGRADES

PROJECT MANUAL CONTRACTUAL – LEGAL REQUIREMENTS TECHNICAL SPECIFICATIONS FOR MERCED COMMUNITY COLLEGE DISTRICT – HVAC UPGRADES AT VARIOUS BUILDINGS Project No.: 21-12277 District Bid No.: 2022-05 DSA File No.: N/A DSA Appl. No.: N/A Set No.: 21-12277 SEALS PAGE 000107 - 1 of 1 SECTION 000107 SEALS PAGE ______________________________ Architect James E. Hickman Jr. Teter, LLP 7535 North Palm Ave., Suite 201 Fresno, California 93711 Phone: (559) 437-0887 Fax: (559) 438-7554 _________________________________ Mechanical Engineer Jonathan Schlundt Net Positive Consulting Engineers 1446 Tollhouse Rd. Suite #102 Clovis, California 93611 Phone: (559) 940-7293 _________________________________ Electrical Engineer Bryan Glass Teter, LLP 7535 North Palm Ave., Suite 201 Fresno, California 93711 Phone: (559) 437-0887 Fax: (559) 438-7554 21-12277 TABLE OF CONTENTS 000110 – 1 of 4 SECTION 000110 TABLE OF CONTENTS INTRODUCTORY INFORMATION PAGES 000101 PROJECT TITLE

PAGE......................................................................................... 1 000107 SEALS PAGE ........................................................................................................ 2 000110 TABLE OF CONTENTS ......................................................................................... 4 DIVISION 00 CONTRACT REQUIREMENTS PAGES 000000 OWNER PROVIDED BID DOCUMENTS ............................................................... 128 DIVISION 01 GENERAL REQUIREMENTS PAGES 011100 SUMMARY OF WORK .......................................................................................... 6 012100 ALLOWANCES ...................................................................................................... 1 012300 ALTERNATES ....................................................................................................... 2 012500 SUBSTITUTION PROCEDURES ........................................................................... 6 012600 CONTRACT MODIFICATION PROCEDURES ...................................................... 5 012613 REQUEST FOR INFORMATION (RFI) .................................................................. 4 012900 PAYMENT PROCEDURES ................................................................................... 5 013113 PROJECT MANAGEMENT AND COORDINATION ............................................... 6 013119 PROJECT MEETINGS .......................................................................................... 5 013200 CONSTRUCTION PROGRESS DOCUMENTATION ............................................. 7 013300 SUBMITTAL PROCEDURES ................................................................................. 10 014000 QUALITYAND TESTING REQUIREMENTS .......................................................... 11 014200 REFERENCES ...................................................................................................... 8 015000 TEMPORARY FACILITIES AND CONTROLS ....................................................... 11 015116 FIRE SAFETY DURING CONSTRUCTION ........................................................... 7 016000 PRODUCT REQUIREMENTS................................................................................ 5 017300 EXECUTION .......................................................................................................... 9 017419 CONSTRUCTION WASTE DISPOSAL .................................................................. 8 017700 CLOSEOUT PROCEDURES ................................................................................. 5 017823 OPERATION AND MAINTENANCE DATA ............................................................ 9 017836 WARRANTIES ....................................................................................................... 3 017839 PROJECT RECORD DRAWINGS ......................................................................... 4 017900 DEMONSTRATION AND TRAINING ..................................................................... 4 DIVISION 02 EXISTING CONDITIONS PAGES 024119 SELECTIVE DEMOLITION .................................................................................... 8 DIVISION 03 CONCRETE PAGES (NOT USED) 21-12277 TABLE OF CONTENTS 000110 – 2 of 4 DIVISION 04 MASONRY PAGES (NOT USED) DIVISION 05 METALS PAGES (NOT USED) DIVISION 06 WOOD AND PLASTICS PAGES (NOT USED) DIVISION 07 THERMAL AND MOISTURE PROTECTION PAGES 076201 SHEET METAL FLASHING AND TRIM ................................................................. 9 079200 JOINT SEALANTS ................................................................................................. 7 DIVISION 08 OPENINGS PAGES (NOT USED) DIVISION 09 FINISHES PAGES (NOT USED) DIVISION 10 SPECIALITES PAGES (NOT USED) DIVISION 11 EQUIPMENT PAGES (NOT USED) DIVISION 12 FURNISHINGS PAGES (NOT USED) DIVISION 13 SPECIAL CONSTRUCTION PAGES (NOT USED) DIVISION 14 CONVEYING EQUIPMENT PAGES (NOT USED) DIVISIONS 15 - 20 PAGES (NOT USED) 21-12277 TABLE OF CONTENTS 000110 – 3 of 4 DIVISION 21 FIRE SUPPRESSION PAGES (NOT USED) DIVISION 22 PLUMBING PAGES (NOT USED) DIVISION 23 HEATING, VENTILATING, AND AIR CONDITIONING PAGES 230500 COMMON WORK RESULTS FOR HVAC ............................................................. 7 230513 COMMON MOTOR REQUIREMENTS FOR HVAC EQUIPMENT ......................... 3 230529 HANGERS AND SUPPORTS FOR HVAC PIPING AND EQUIPMENTS ............... 8 230553 IDENTIFICATION FOR HVAC PIPING AND EQUIPMENT .................................... 6 230593 TESTING, ADJUSTING, AND BALANCING FOR HVAC ....................................... 8 230700 HVAC INSULATION .............................................................................................. 18 232113 HYDRONIC PIPING ............................................................................................... 18 232123 HYDRONIC PUMPS .............................................................................................. 6 233113 METAL DUCTS ..................................................................................................... 11 233300 AIR DUCT ACCESSORIES ................................................................................... 5 234100 PARTICULATE AIR FILTRATION .......................................................................... 2 237323 CUSTOM CENTRAL STATION AIR HANDLING UNITS ........................................ 7 238126 SPLIT-SYSTEM AIR-CONDITIONERS .................................................................. 6 DIVISION 26 ELECTRICAL PAGES 260000 SUMMARY OF ELECTRICAL WORK .................................................................... 3 260010 GENERAL CONDITIONS FOR ELECTRICAL WORK ........................................... 8 260500 BASIC ELECTRICAL MATERIALS AND METHODS ............................................. 17 DIVISION 27 COMMUNICATIONS PAGES (NOT USED) DIVISION 28 ELECTRONIC SAFETY AND SECURITY PAGES (NOT USED) DIVISION 31 EARTHWORK PAGES (NOT USED) DIVISION 32 EXTERIOR IMPROVEMENTS PAGES (NOT USED) DIVISION 33 UTILITIES PAGES (NOT USED) 21-12277 TABLE OF CONTENTS 000110 – 4 of 4 END OF SECTION Merced Community College District (2022-05) HVAC Upgrades at Various Buildings Construction Documents MERCED COMMUNITY COLLEGE DISTRICT (2022-05) HVAC UPGRADES AT VARIOUS BUILDINGS TABLE OF CONTENTS Section Description Section Description 00 01 10 Table of Contents 00 61 10 Bid Bond 00 11 13 Notice Calling for Bids 00 61 13 Performance Bond 00 21 13 Instructions for Bidders 00 61 14 Labor & Materials Payment Bond 00 41 22 Bid Proposal 00 62 90 Verification of Certified Payroll Records Submittal to Labor Commissioner 00 43 13 Bid Proposal; Alternate Bid Items Proposal 00 65 01 Conditional Waiver & Release on Progress Payment 00 43 36 Subcontractors List 00 65 02 Unconditional Waiver & Release on Progress Payment 00 45 10 DIR Registration Verification 00 65 03 Conditional Waiver & Release on Final Payment 00 45 13 Statement of Qualifications 00 65 04 Unconditional Waiver & Release on Final Payment 00 45 19 Non-Collusion Affidavit 00 65 36 Contractor Guarantee Form 00 45 23 Certificate of Workers Compensation Insurance 00 65 37 Contractor Certification of Subcontractor Claim 00 45 27 Drug-Free Workplace Certification 00 72 13 General Conditions 00 52 00 Agreement 0073 13 Special Conditions Merced Community College District (2022-05) HVAC Upgrades at Various Buildings THIS PAGE INTENTIONALLY BLANK Merced Community College District (2022-05) HVAC Upgrades at Various Buildings Long Form; Rev. June, 2018 Page|3 Call for Bids; Section 00 11 13 NOTICE CALLING FOR BIDS DISTRICT MERCED COMMUNITY COLLEGE DISTRICT PROJECT DESCRIPTION (2022-05) HVAC UPGRADES AT VARIOUS BUILDINGS PROJECT BUDGET One Million and Fifty Thousand Dollars ($1,050,000.00) LATEST TIME/DATE FOR SUBMISSION OF BID PROPOSALS 2:00 P.M. Thursday, April 21, 2022 LOCATION FOR SUBMISSION OF BID PROPOSALS Merced College, Purchasing Office (Corner University Drive and West Community College Drive) 3600 M Street, Merced, California 95348 LOCATION FOR OBTAINING BID AND CONTRACT DOCUMENTS District Bid Website (in the Purchasing Services section.) http://www.mccd.edu/offices/purchasing/bids.html NOTICE IS HEREBY GIVEN that the Merced Community College District (District), acting by and through its Board of Trustees, will receive up to, but not later than the above-stated date and time, sealed Bid Proposals for the Contract for the Work generally described as (2022-05) HVAC Upgrades at Various Buildings. 1. Submittal of Bid Proposals. All Bid Proposals must be submitted on forms furnished by the District prior to the last time for submission of Bid Proposals and the District’s public opening and reading of Bid Proposals. 2. Bid and Contract Documents. Available Electronically. 3. Documents Accompanying Bid Proposal. Each Bid Proposal shall be accompanied by: (i) the required Bid Security; (ii) Subcontractors List; (iii) Statement of Qualifications; (iv) Non-Collusion Affidavit; and (v) DIR Registration Verification. 4. Project Budget. The Project Budget for the Work is set forth above. If bidding for the Work includes Alternate Bid Items, the selection of Alternate Bid Items for determination of the lowest priced Bid Proposal will be by priority of Alternate Bid Items, up to but not exceeding the Project Budget. If bidding for the Work does not include Alternate Bid Items, the Project Budget set forth above is for information purposes only. 5. Pre-Bid Inquiries. Bidders may submit pre-bid inquiries or clarification requests. Bidders are solely and exclusively responsible for submitting pre-bid inquiries or clarification requests no later than 4:00 PM SEVEN (7) days before the latest date for submittal of Bid Proposals. Pre-bid inquiries or clarification requests shall be submitted to: Director, Purchasing and Risk Management Attention Chuck Hergenraeder at Charles.hergenraeder@mccd.edu 6. Prevailing Wage Rates. The Contractor and all Subcontractors shall pay not less than the applicable prevailing wage rate for the classification of labor provided by their respective workers to execute the Work. Copies of the prevailing wage rates in the locality where the Work is to be performed, entitled PREVAILING WAGE SCALE are available to any interested party on the INTERNET at http:// www.dir.ca.gov/dlsr/statistics_research.html. In addition to compliance with prevailing wage requirements, the successful Bidder shall comply with all other applicable provisions of the Labor Code, the California Code of Regulations and rulings or determinations of the California Department http://www.mccd.edu/offices/purchasing/bids.html http://www.dir.ca.gov/dlsr/statistics_research.html Merced Community College District (2022-05) HVAC Upgrades at Various Buildings Long Form; Rev. June, 2018 Page|4 Call for Bids; Section 00 11 13 of Industrial Relations. During the Work and pursuant to Labor Code §1771.4(a)(4), the Department of Industrial Relations shall monitor compliance with prevailing wage rate requirements and enforce the Contractor’s prevailing wage rate obligations. 7. Contractors’ License Classification. Bidders must possess the following classification(s) of California Contractors License at the time that the Bid Proposal is submitted and at time the Contract for the Work is awarded: A - General Engineering, and or B – General Building, or C-20 Warm Air Heating, Ventilation and Air-Conditioning. The Bid Proposal of a Bidder who does not possess a valid and in good standing Contractors’ License in the classification(s) set forth above will be rejected for non-responsiveness. Any Bidder not duly and properly licensed is subject to all penalties imposed by law. No payment shall be made for the Work unless and until the Registrar of Contractors verifies to the District that the Bidder awarded the Contract is properly and duly licensed for the Work. 8. Contract Time. One Hundred Percent Completion of the Work shall be achieved within the time set forth in Contract Documents after the date for commencement of the Work established in the Notice to Proceed issued by the District. Failure to achieve One Hundred Percent Completion within the Contract Time will result in the assessment of Liquidated Damages as set forth in the Contract. 9. Bid Security. Each Bid Proposal shall be accompanied by Bid Security in an amount equal to TEN PERCENT (10%) of the maximum amount of the Bid Proposal, inclusive of the value of any additive Alternate Bid Item(s). A Bid Proposal not accompanied by Bid Security in the form and in the amount required is non-responsive and will be rejected by the District. 10. Payment Bond; Performance Bond. Prior to commencement of the Work, the Bidder awarded the Contract shall deliver to the District a Payment Bond and a Performance Bond issued by a California Admitted Surety in the form and content included in the Contract Documents in a penal sum equal to One Hundred Percent (100%) of the Contract Price. The Payment Bond and the Performance Bond shall be issued by a California Admitted Surety in the form and content included in the Contract Documents. 11. No Withdrawal of Bid Proposals. Bid Proposals shall not be withdrawn by any Bidder for a period of thirty (30) days after the opening of Bid Proposals. During this time, all Bidders shall guarantee prices quoted in their respected Bid Proposals. 14. Return of Executed Agreement. The Bidder awarded the Contract shall execute the Agreement and return the executed Agreement to the District within five (5) calendar days from the date of receiving notification that it is the Bidder to whom the Contract has been awarded. If the successful Bidder fails to return the executed Agreement pursuant to the foregoing, the District may declare the Bidder’s Bid Security forfeited as damages caused by the failure of the Bidder to enter into the Contract and may thereupon award the Contract for the Work to the responsible Bidder submitting the next lowest Bid Proposal or may call for new bids, in its sole and exclusive discretion. 12. Job-Walk. The District will conduct a Mandatory Job Walk on Thursday, March 17, 2022, beginning at 10:00 AM Bidders are to meet at Merced College, 3600 M Street, Merced at the Purchasing Office for conduct of the Job Walk. If the Job Walk is mandatory, the Bid Proposal submitted by a Bidder whose representative(s) did not attend the entirety of the Mandatory Job Walk will be rejected by the District as being non-responsive. Access to the Job Walk will be available to Bidders for ten (10) minutes after the scheduled start time of the Job Walk; no access to the Job Walk will be permitted thereafter. A Bidder whose representative(s) arrive at the Job Walk location more than ten (10) minutes after the scheduled start of the Job Walk will be denied access and will not be deemed to have attended the Job Walk. 13. Waiver of Irregularities. The District reserves the right to reject any or all Bid Proposals or to waive any irregularities or informalities in any Bid Proposal or in the bidding. Merced Community College District (2022-05) HVAC Upgrades at Various Buildings Long Form; Rev. June, 2018 Page|5 Call for Bids; Section 00 11 13 14. Award of Contract. The Contract for the Work, if awarded, will be by action of the District’s Board of Trustees to the responsible Bidder submitting the lowest priced responsive Bid Proposal. If the Bid Proposal requires Bidders to propose prices for Alternate Bid Items, the District’s selection of Alternate Bid Items, if any, for determination of the lowest priced Bid Proposal and for inclusion in the scope of the Contract to be awarded shall be in accordance with the Instructions for Bidders. /s/ Merced Community College District Advertisement Publications: Wednesday, March 09, 2022 and Wednesday, March 16, 2022. [END OF SECTION] Merced Community College District (2022-05) HVAC Upgrades at Various Buildings Long Form; Rev. June, 2018 Page|6 2020-06 AG/IT PROJECT [THIS PAGE INTENTIONALLY BLANK] Merced Community College District (2022-05) HVAC Upgrades at Various Buildings Long Form; Rev. June, 2018 Page|7 Instructions for Bidders; Section 00 21 13 INSTRUCTIONS FOR BIDDERS 1. Preparation and Submittal of Bid Proposal. 1.1. Bid Proposal Preparation. All information required by the bid forms must be completely and accurately provided. Numbers shall be stated in both words and figures where required in the bid forms; conflicts between a number stated in words and in figures are governed by the words. Partially completed Bid Proposals or Bid Proposals submitted on other than the bid forms included herein are non-responsive and will be rejected. Bid Proposals not conforming to these Instructions for Bidders and the Notice to Contractors Calling for Bids (“Call for Bids”) may be deemed non-responsive and rejected. 1.2. Bid Proposal Submittal. Bid Proposals shall be submitted at the place designated in the Call for Bids in sealed envelopes bearing on the outside the Bidder’s name and address along with an identification of the Work for which the Bid Proposal is submitted. Bidders are solely responsible for timely submission of Bid Proposals to the District at the place designated in the Call for Bids. 1.3. Date and Time of Bid Proposal Submittal. A Bid Proposal is submitted only if the outer envelope containing the Bid Proposal is marked with the Project title and is received by a District Purchasing Department representative for logging-in at (or before) the latest date and time for submittal of Bid Proposals. The official U.S. time-clock website: http://www.time.gov/timezone.cgi?Pacific/d/-8/java is controlling and determinative as to the time of the Bidder’s submittal of the Bid Proposal. The foregoing notwithstanding, whether or not Bid Proposals are opened exactly at the time fixed in the Call for Bids, no Bid Proposals shall be received or considered by the District after it has commenced the public opening and reading of Bid Proposals; Bid Proposals submitted after such time are non-responsive and will be returned to the Bidder unopened. 2. Bid Security. Each Bid Proposal shall be accompanied by Bid Security in the form of: (i) cash, (ii) a certified or cashier’s check made payable to the District or (iii) a Bid Bond, in the form and included with the Contract Documents (the “Bid Security”) in at least the amount set forth in the Call for Bids. A Bid Proposal submitted without the required Bid Security is non-responsive and will be rejected. If the Bid Security is in the form of a Bid Bond, the Bidder’s Bid Proposal is deemed responsive only if the Bid Bond is in the form and content included herein and the Surety is an Admitted Surety Insurer under Code of Civil Procedure §995.120. 3. Documents Accompanying Bid Proposal; Signatures. The Bid Proposal and all other documents required to be submitted with the Bid Proposal shall be executed by an individual duly authorized to execute the same on behalf of the Bidder; failure of a Bid Proposal to conform to the foregoing will render the Bid Proposal non-responsive and rejected. 4. Bidder and Subcontractors’ DIR Registered Contractor Status. Each Bidder must be a DIR Registered Contractor when submitting a Bid Proposal. The Bid Proposal of a Bidder who is not a DIR Registered Contractor when the Bid Proposal is submitted will be rejected for non- responsiveness. All Subcontractors identified in a Bidder’s Subcontractors’ List must be DIR Registered contractors at the time the Bid Proposal is submitted. The foregoing notwithstanding, a Bid Proposal is not subject to rejection for non-responsiveness for listing Subcontractor the Subcontractors List who is/are not DIR Registered contractor(s) if such Subcontractor(s) complete DIR Registration pursuant to Labor Code §1771.1(c)(1) or (2). Further, a Bid Proposal is not subject to rejection if the Bidder submitting the Bid Proposal lists any Subcontractor(s) who is/are not DIR Registered contractors and such Subcontractor(s) do not become DIR Registered pursuant to Labor Code §1771.1(c)(1) or (2) prior to award of the Contract, the Bidder, if awarded the Contract, must request consent of the District to substitute a DIR Registered Subcontractor for any non-DIR Registered Subcontractor(s) pursuant to Labor Code §1771.1(c)(3) without adjustment of the Contract Price or the Contract Time. http://www.time.gov/timezone.cgi?Pacific/d/-8/java Merced Community College District (2022-05) HVAC Upgrades at Various Buildings Long Form; Rev. June, 2018 Page|8 Instructions for Bidders; Section 00 21 13 5. Modifications or Withdrawal of Bid Proposal. Changes to the bid forms which are not specifically called for or permitted may result in the District’s rejection of the Bid Proposal as being non- responsive. No oral or telephonic modification of any submitted Bid Proposal will be considered. After submittal of a Bid Proposal, a Bidder may modify or withdraw its Bid Proposal only by written request actually received by the District prior to the scheduled closing time for the receipt of Bid Proposals and the District’s public opening and reading of Bid Proposals; written requests to withdraw or modify a submitted Bid Proposal received by the District after the scheduled closing time for receipt of Bid Proposals shall not be considered by the District, nor effective to withdraw such Bid Proposal. 6. Erasures; Inconsistent or Illegible Bid Proposals. Erasures, interlineations or other corrections to any document submitted with a Bid Proposal shall be suitably authenticated by affixing in the margin immediately opposite such erasure, interlineations or correction the surname(s) of the person(s) signing the Bid Proposal. Any Bid Proposal not conforming to the foregoing may be deemed by the District to be non-responsive. If any Bid Proposal or portions thereof, is determined by the District to be illegible, ambiguous or inconsistent, the District may reject such a Bid Proposal as being non- responsive. 7. Examination of Site and Contract Documents. Each Bidder shall, at its sole cost and expense, inspect the Site and to become fully acquainted with the Contract Documents and conditions affecting the Work. Failure of a Bidder to receive or examine any of the Contract Documents or to inspect the Site shall not relieve such Bidder from any obligation with respect to the Bid Proposal, or the Work required under the Contract Documents. The District assumes no responsibility or liability to any Bidder for, nor shall the District be bound by, any understandings, representations or agreements of the District’s agents, employees or officers concerning the Contract Documents or the Work made prior to execution of the Contract which are not in the form of Bid Addenda duly issued by the District. The submission of a Bid Proposal shall be deemed prima facie evidence of the Bidder’s full compliance with the requirements of this section. 8. Agreement and Bonds. The Agreement which the successful Bidder, as Contractor, will be required to execute along with the forms Payment Bond, Performance Bond and other documents and instruments which are required to be furnished are included in the Contract Documents and shall be carefully examined by the Bidder. 9. Interpretation of Drawings, Specifications or Contract Documents. The District will respond to any pre-bid inquiry submitted in accordance with requirements established in the Call for Bids. If in the sole discretion of the District, a response to a pre-bid inquiry affects or potentially affects other Bidders, the Work, the Contract Documents or other requirements, the District will issue addenda. A copy of any such addendum will be delivered by fax, email or mail to each Bidder receiving a set of the Contract Documents. No person is authorized to render an oral interpretation or correction of any portion of the Contract Documents to any Bidder, and no Bidder is authorized to rely on any such oral interpretation or correction. Failure to request interpretation or clarification of any portion of the Contract Documents pursuant to the foregoing is a waiver of any discrepancy, defect or conflict therein. 10. District’s Right to Modify Contract Documents. Before the public opening and reading of Bid Proposals, the District may modify the Work, the Contract Documents, or any portion(s) thereof by the issuance of written addenda disseminated to all Bidders who have obtained a copy of the Specifications, Drawings and Contract Documents pursuant to the Call for Bids. If the District issues any addenda during the bidding, the failure of any Bidder to acknowledge such addenda in its Bid Proposal will render the Bid Proposal non-responsive and rejected. 11. Bidders Interested in More Than One Bid Proposal; Non-Collusion Affidavit. No person, firm, corporation or other entity shall submit or be interested in more than one Bid Proposal for the same Work; provided, however, that a person, firm or corporation that has submitted a sub-proposal to a Merced Community College District (2022-05) HVAC Upgrades at Various Buildings Long Form; Rev. June, 2018 Page|9 Instructions for Bidders; Section 00 21 13 Bidder or who has quoted prices for materials to a Bidder is not disqualified from submitting a sub- proposal, quoting prices to other Bidders or submitting a Bid Proposal for the proposed Work to the District. The form of Non-Collusion Affidavit included in the Contract Documents must be completed and duly executed on behalf of the Bidder; failure of a Bidder to submit a completed and executed Non-Collusion Affidavit with its Bid Proposal will render the Bid Proposal non-responsive. 12. Award of Contract. 12.1. Waiver of Irregularities or Informalities. The District reserves the right to reject any and all Bid Proposals or to waive any irregularities or informalities in any Bid Proposal or in the bidding. 12.2. Award to Lowest Responsive Responsible Bidder. The award of the Contract, if made by the District through action of its Board of Trustees, will be to the responsible Bidder submitting the lowest responsive Bid Proposal on the basis of the Base Bid Proposal and Alternate Bid Items selected in accordance with these Instructions. 12.3. Selection of Alternate Bid Items. Additive Alternate Bid Items (“ALT”), if any, will be accepted by the District in the order of priority established by the District, with the highest prioritized ALT being ALT 1. The Contract for the Work will be awarded to the Bidder submitting the lowest priced responsive Bid Proposal for the Base Bid scope and the maximum number of ALTs up to but not exceeding the Project Budget set forth in the Call for Bids. In the following example, Bidder B proposes $19,000 for the Base Bid plus ALTS 1-3, Bidder A proposes $20,000 and Bidder C proposes for the Base Bid plus ALTS 1-3. Pricing for the Base Bid and ALT 4 to any Bidder exceeds the Project Budget. Hence: Bidder B submitted the lowest priced proposal for the Base Bid and the maximum number of ALTs within the Project Budget. Project Budget: $19,000 BID PRICING BASE BID + ALTS BIDDER A BIDDER B BIDDER C BIDDER A BIDDER B BIDDER C Base Bid $5,000 $5,500 $4,800 $5,000 $5,500 $4,800 ALT 1 $8,000 $7,500 $7,800 $13,000 $13,000 $12,600 ALT 2 $1,000 $1,000 $1,200 $14,000 $14,000 $13,800 ALT 3 $6,000 $5,000 $7,000 $20,000 $19,000 $20,800 ALT 4 $150 $120 $200 $20,150 $19,150 $21,000 12.4. Alternate Bid Items Not Included in Award of Contract. Bidders are referred to the provisions of the Contract Documents permitting the District, during performance of the Work, to add or delete from the scope of the Work any or all of the Alternate Bid Items with the cost or credit of the same being the amount(s) set forth by in the Alternate Bid Items Bid on the Proposal. 12.5. Responsive Bid Proposal. A responsive Bid Proposal shall mean a Bid Proposal which conforms, in all material respects, to requirements of the Bid and Contract Documents. 12.6. Responsible Bidder. Determination of the responsibility of Bidders is based on the following evaluation criteria. 12.6.1. Bidder Capacity. Factors affecting the Bidder’s capacity to perform and complete the Work will be assessed, including: (i) Bidder’s access to labor, materials and other resources necessary to complete the Work; (ii) Bidder’s ability to complete the Work within the time established for completion of the Work, or portions thereof; and (iii) Bidder’s ability to complete warranty obligations. Merced Community College District (2022-05) HVAC Upgrades at Various Buildings Long Form; Rev. June, 2018 Page|10 Instructions for Bidders; Section 00 21 13 12.6.2. Bidder Character, Integrity. Factors reflecting the character and integrity of the Bidder, including: (i) other public agency finding/determination, within the past five (5) years, that the Bidder is not responsible; (ii) currently debarred from bidding public works projects or debarment from bidding within past five (5) years; and (iii) false claims liability within the past five (5) years under local, state or federal laws. 12.6.3. Bidder Financial Capability. Factors considered include: (i) sufficiency of the Bidder’s financial resources; (ii) whether the Bidder is current in payment of debts and performance of other financial obligations; and (iii) bankruptcy or insolvency proceedings have been instituted within the past five (5) years. 12.6.4. Bidder Prior Performance. The Bidder’s prior performance on prior public works contracts, including without limitation: (i) cost overruns; (ii) compliance with general conditions and other contractual requirements, including schedule development, schedule updates and coordination of labor, material/equipment procurements and subcontractors; (iii) completion within allocated time; (iv) submittal of unsubstantiated, unsupported or excessive cost proposals, claims or contract adjustment requests; (iv) completion of a project by a surety; (vi) owner’s exercise of default remedies; and (vii) finding or determination by any public agency that the Bidder is not a responsible bidder. 12.6.5. Safety. Factors include: (i) findings of serious or willful safety violations of safety laws, regulations or requirements by any local, state or federal agency within the past five (5) years; (ii) adequacy and implementation of safety plans, programs for on-site and off-site construction and construction related activities; and (iii) Workers Compensation Insurance EMR rating exceeding 1.25. 13. Subcontractors. 13.1. Designation of Subcontractors; Subcontractors List. Each Bidder shall submit a list of its proposed Subcontractors for the proposed Work as required by the Subletting and Subcontracting Fair Practices Act (California Public Contract Code §§ 4100 et seq.) on the form furnished. The failure of any Bid Proposal to include all information required by the Subcontractors List will result in rejection of the Bid Proposal for non-responsiveness. 13.2. Work of Subcontractors. All Bidders are referred to the Contract Documents and the notation therein that all Contract Documents are intended to be complimentary and that the organization or arrangements of the Specifications and Drawings shall not limit the extent of the Work of the Contract Documents. Accordingly, all Bidders are encouraged to disseminate all of the Specifications, Drawings and other Contract Documents to all persons or entities submitting sub-bids to the Bidder. The omission of any portion or item of Work from the Bid Proposal or from the sub-bidders’ sub-bids which is/are necessary to produce the intended results and/or which are reasonably inerrable from the Contract Documents is not a basis for adjustment of the Contract Price or the Contract Time. 14.4. Subcontractor Bonds. In accordance with California Public Contract Code §4108, if a Bidder requires a bond or bonds of its Subcontractor(s), whether the expense of procuring such bond or bonds are to be borne by the Bidder or the Subcontractor(s), such requirements shall be specified in the Bidder’s written or published request for sub- bids. Failure of the Bidder to comply with these requirements shall preclude the Bidder from imposing bonding requirements upon its Subcontractor(s) or rejection of a Subcontractor’s bid under California Public Contract Code §4108(b). 13 Workers’ Compensation Insurance. Pursuant to California Labor Code § 3700, the successful Bidder shall secure Workers’ Compensation Insurance for its employees engaged in the Work of the Contract. The successful Bidder shall execute and deliver to the District the form of Workers Merced Community College District (2022-05) HVAC Upgrades at Various Buildings Long Form; Rev. June, 2018 Page|11 Instructions for Bidders; Section 00 21 13 Compensation Certification included in the Contract Documents concurrently with such Bidder’s delivery of the executed Agreement to the District. 15. Bid Security Return. The Bid Security of the Bidders submitting the three lowest priced Bid Proposals, the number being solely at the discretion of the District, will be held by the District for ten (10) days after the period for which Bid Proposals must be held open (which is set forth in the Call for Bids) or until posting by the successful Bidder(s) of the bonds, certificates of insurance required and return of executed copies of the Agreement, whichever first occurs, at which time the Bid Security of such other Bidders will be returned to them. 16. Contractor’s License. No Bid Proposal will be considered from a Bidder who, at the time Bid Proposals are opened, is not licensed to perform the Work of the Contract Documents, in accordance with the Contractors’ License Law, California Business & Professions Code §§7000 et seq. This requirement is not a mere formality and will not be waived by the District or its Board of Trustees. The required California Contractors’ License classification(s) for the Work is set forth in the Call for Bids. 17. Non-Discriminatory Practices. It is the policy of the District that there be no discrimination against any prospective or active employee engaged in the Work because of race, color, ancestry, national origin, religious creed, sex, age, marital status or other legally protected classification. All Bidders agree to comply with the District’s non-discrimination policy and all applicable Federal and California anti-discrimination laws including but not limited to the California Fair Employment & Housing Act beginning with California Government Code §§ 12940 et seq. and California Labor Code § 1735. In addition, all Bidders agree to require like compliance by any Subcontractor employed by them on the Work of the Contract. 18. Bidder’s Qualifications. Each Bidder shall submit with its Bid Proposal the form of Statement of Bidder’s Qualifications, which is included within the Contract Documents. All information required by Statement of Bidder’s Qualifications shall be completely and fully provided. Any Bid Proposal not accompanied by the Statement of Bidder’s Qualifications completed with all information required and bearing the signature of the Bidder’s duly authorized representative under penalty of perjury will render the Bid Proposal non-responsive and rejected. If the District determines that any information provided by a Bidder in the Statement of Bidder’s Qualifications is false or misleading, or is incomplete so as to be false or misleading, the District may reject the Bid Proposal submitted by such Bidder as being non-responsive. 19. Job-Walk. The District will conduct a Job-Walk at the time(s) and place(s) designated in the Call for Bids. The District may, in its sole and exclusive discretion, elect to conduct one or more Job-Walk(s) in addition to that set forth in the Call for Bids, in which event the District shall notify all Bidders who have theretofore obtained the Contract Documents pursuant to the Call for Bids of any such additional Job-Walk. If the District elects to conduct any Job-Walk in addition to that set forth in the Call for Bids, the District shall, in its notice of any such additional Job-Walk(s), indicate whether Bidders’ attendance at such additional Job-Walk(s) is/are mandatory. If attendance at the Job Walk is indicated in the Call for Bids as being mandatory, the failure of any Bidder to have its authorized representative present at the entirety of the Job-Walk will render the Bid Proposal of such Bidder to be non-responsive. Where the Job-Walk is mandatory, a Bidder may have more than one authorized representative and/or representatives of its Subcontractors present at the Job-Walk; provided, however that attendance by representatives of the Bidder’s Subcontractors without attendance by a representative of the Bidder shall not be sufficient to meet the Bidder’s obligations hereunder and will render the Bid Proposal of such Bidder to be non-responsive. The District will reject the Bid Proposal of a Bidder who obtains the Bid and Contract Documents after the date of the Mandatory Job-Walks set forth in the Call for Bids unless a Job-Walk is requested by such Bidder and a Job- Walk is conducted by the District in accordance with the following provisions. The District may, in its sole and exclusive discretion, conduct such requested Job-Walk taking into consideration factors such as the time remaining prior to the scheduled opening of Bid Proposals. Any such requested Merced Community College District (2022-05) HVAC Upgrades at Various Buildings Long Form; Rev. June, 2018 Page|12 Instructions for Bidders; Section 00 21 13 Job Walk will be conducted only upon the requesting Bidder’s agreement to reimburse the District for the actual and/or reasonable costs for the District’s staff and its agents and representatives in arranging for and conducting such additional Job-Walk. 20. Public Records. Bid Proposals and other documents responding to the Call for Bids become the exclusive property of the District upon submittal to the District. At such time as the District issues the Notice of Intent to award the Contract pursuant to these Instructions for Bidders, all Bid Proposals and other documents submitted in response to the Call for Bids become a matter of public record and shall be thereupon be considered public records, except for information contained in such Bid Proposals deemed to be Trade Secrets (as defined in California Civil Code § 3426.1) and information provided in response to the Statement of Qualifications. A Bidder that indiscriminately marks all or most of its Bid Proposal as exempt from disclosure as a public record, whether by the notations of “Trade Secret,” “Confidential,” “Proprietary,” or other similar notations, may result in, or render, the Bid Proposal non-responsive and rejected. The District is not liable or responsible for the disclosure of such records, including those exempt from disclosure if disclosure is deemed required by law, by an order of Court, or which occurs through inadvertence, mistake or negligence on the part of the District or its officers, employees or agents. At such time as Bid Proposals are deemed a matter of public record, pursuant to the above, any Bidder or other party shall be afforded access for inspection and/or copying of such Bid Proposals, by request made to the District in conformity with the California Access to Public Records Act, California Government Code §§6250, et. seq. If the District is required to defend or otherwise respond to any action or proceeding wherein request is made for the disclosure of the contents of any portion of a Bid Proposal deemed exempt from disclosure hereunder, the Bidder submitting the materials sought by such action or proceeding agrees to defend, indemnify and hold harmless the District in any action or proceeding from and against any liability, including without limitation attorneys’ fees arising therefrom. The party submitting materials sought by any other party shall be solely responsible for the cost and defense in any action or proceeding seeking to compel disclosure of such materials; the District’s sole involvement in any such action shall be that of a stakeholder, retaining the requested materials until otherwise ordered by a court of competent jurisdiction. 21. Drug Free Workplace Certificate. In accordance with California Government Code §§ 8350 et seq., the Drug Free Workplace Act of 1990, the successful Bidder will be required to execute a Drug Free Workplace Certificate concurrently with execution of the Agreement. The successful Bidder will be required to implement and take the affirmative measures outlined in the Drug Free Workplace Certificate and in California Government Code §§8350 et seq. Failure of the successful Bidder to comply with the measures outlined in the Drug Free Workplace Certificate and in California Government Code §§ 8350 et seq. may result in penalties, including without limitation, the termination of the Agreement, the suspension of any payment of the Contract Price otherwise due under the Contract Documents and/or debarment of the successful Bidder. 22. Notice of Intent to Award Contract. Following the public opening and reading of Bid Proposals, the District will issue a Notice of Intent to Award the Contract, identifying the Bidder to whom the District intends to award the Contract and the date/time/place of the District’s Board of Trustees meeting at which award of the Contract will be considered. 23. Bid Protest. 23.4. Submittal of Bid Protest. Any Bidder submitting a Bid Proposal to the District may file a protest of the District’s intent to award the Contract provided that all of the following are complied with: (i) the bid protest is in writing; (ii) the bid protest is filed and received by the District’s Vice-President, Administrative Services not more than five (5) calendar days following the date of issuance of the District’s Notice of Intent to Award the Contract; and (iii) the written bid protest sets forth, in detail, all grounds for the bid protest, including without limitation all facts, supporting documentation, legal authorities and argument in support of the grounds for the bid protest; any matters not set forth in the written bid Merced Community College District (2022-05) HVAC Upgrades at Various Buildings Long Form; Rev. June, 2018 Page|13 Instructions for Bidders; Section 00 21 13 protest shall be deemed waived. All factual contentions must be supported by competent, admissible and creditable evidence. Any bid protest not conforming to the foregoing shall be rejected by the District as invalid. 23.5. District Review and Disposition of Bid Protest. Provided that a bid protest is filed in strict conformity with the foregoing, the District’s Vice-President, Administrative Services or such individual(s) as may be designated by him/her (Designee), shall review and evaluate the basis of the bid protest. The District’s Vice-President, Administrative Services or Designee shall provide the Bidder submitting the bid protest with a written statement concurring with or denying the bid protest (Bid Protest Response). The Bid Protest Response is deemed the final action of the District and not subject to appeal or reconsideration by any other employee or officer of the District or the Board of Trustees of the District. The issuance of the Bid Protest Response by the District’s Vice-President, Administrative Services or the Designee is an express condition precedent to the institution of any legal or equitable proceedings relative to the bidding process, the District’s intent to award the Contract, the District’s disposition of any bid protest or the District’s decision to reject all Bid Proposals. If any such legal or equitable proceedings are instituted and the District is named as a party thereto, the prevailing party(ies) shall recover from the other party(ies), as costs, all attorneys’ fees and costs incurred in connection with any such proceeding, including any appeal arising therefrom. [End of Section] Merced Community College District (2022-05) HVAC Upgrades at Various Buildings Long Form; Rev. June, 2018 Page|14 [THIS PAGE INTENTIONALLY BLANK] Merced Community College District (2022-05) HVAC Upgrades at Various Buildings Long Form; Rev. June, 2018 Page|15 Bid Proposal; Section 00 41 22 BID PROPOSAL Project: (2022-05) HVAC Upgrades at Various Buildings Bidder Name ______________________________________________________________________ Bidder Representative(s) ______________________________________________________________________ Name and Title ______________________________________________________________________ Name and Title Bidder Representative(s) Contact Information Email Address(es) ___________________________ ___________________________ Phone/Fax (______) _____________________ Telephone (______) _____________________ Fax Bidder Mailing Address _______________________________________________________________________ Address _______________________________________________________________________ City/State/Zip Code California Contractors’ License _____________________________ Number _____________________________ Classification(s) and Expiration Date 1. Bid Proposal. 1.1 Bid Proposal Amount. The undersigned Bidder proposes and agrees to perform the Contract including, without limitation, providing and furnishing any and all of the labor, materials, tools, equipment and services necessary to perform all obligations under the Contract Documents and to complete the Work required for the sum of _______________________________________________Dollars ($_______________). 1.2 BID amount shall include all specified Allowances. See Section 012100 ALLOWANCES for additional information. 1.3 Acknowledgment of Bid Addenda. The Bidder confirms that this Bid Proposal incorporates and is inclusive of, all items or other matters contained in Bid Addenda issued by or on behalf of the District. _____ Addenda Nos. _________________ received, acknowledged (initial) and incorporated into this Bid Proposal. 1.4 Alternate Bid Items. The Bidder’s proposed pricing for each Alternate Bid Item, if any, are set forth in the accompanying form of Alternate Bid Items Proposal. Failure of a Bidder to propose pricing for each Alternate Bid Item set forth in the accompanying Alternate Bid Items Proposal will result in the Bid Proposal being deemed non-responsive and rejected. 2. Documents Accompanying Bid Proposal. The Bidder has submitted with this Bid Proposal the following: (i) Bid Security; (ii) Subcontractors List; (iii) Statement of Qualifications; (iv) Non- Collusion Affidavit; and (v) DIR Registration Verification. The Bidder acknowledges that if this Bid Proposal and the foregoing documents are not fully in compliance with applicable requirements set forth in the Call for Bids, the Instructions for Bidders and in each of the foregoing documents, the Bid Proposal may be rejected as non-responsive. 3. Award of Contract. Concurrently with delivery of the executed Agreement to the District, the Bidder awarded the Contract shall deliver to the District: (i) Certificates of Insurance evidencing all insurance coverages required under the Contract Documents; (ii) Performance Bond; (iii) Merced Community College District (2022-05) HVAC Upgrades at Various Buildings Long Form; Rev. June, 2018 Page|16 Bid Proposal; Section 00 41 22 Labor and Material Payment Bond; (ii) Certificate of Workers’ Compensation Insurance; and (iv) Drug-Free Workplace Certificate. Failure of the Bidder awarded the Contract to strictly comply with the preceding may result in the District’s rescinding award of the Contract and/or forfeiture of the Bidder’s Bid Security. 4. Bidder Certifications. The Bidder certifies the following to the District: 4.1 Contractor License. The Bidder certifies that: (i) it is possesses a valid and in good standing Contractors’ License, in the necessary class(es), for performing the Work as set for in the Call for Bids; (ii) that such license shall be in full force and effect throughout the duration of the performance of the Work; and (ii) that all Subcontractors providing or performing any portion of the Work are properly licensed to perform their respective portions of the Work at the time of submitting this Bid Proposal and at all times during their performance of the Work. 4.2 DIR Registration. The Bidder certifies to the District that the Bidder is a DIR Registered contractor and that during the Work, the Bidder will verify that all subcontractors, of any tier performing any portion of the Work are DIR Registered contractors. All Work will be performed and completed by DIR Registered contractors. 5. Agreement to Bidding Requirements and Attorneys’ Fees. The undersigned Bidder acknowledges and confirms its receipt, review and agreement with, the contractual requirements set forth in this Bid Proposal and the Contract Documents. By executing this Bid Proposal hereinbelow, the Bidder expressly acknowledges and agrees that if the Bidder institutes any legal or equitable proceedings in connection with this Bid Proposal and the District is named as a party thereto, the prevailing party(ies) shall recover from the other party(ies), as costs, all attorneys’ fees and costs incurred in connection with any such proceeding, including any appeal arising therefrom. This provision shall constitute a binding attorneys’ fee agreement in accordance with and pursuant to California Civil Code §1717 which shall be enforceable against the Bidder and the District. This attorneys fee provision shall be solely limited to legal or equitable proceedings arising out of a bid protest or the bidding process and shall not extend to or have any force and effect on the Contract for the Work or to modify the terms of the Contract Documents for the Work. 6. Acknowledgment and Confirmation. The undersigned Bidder acknowledges its receipt, review and understanding of the Drawings, the Specifications and other Contract Documents pertaining to the proposed Work. The undersigned Bidder certifies that the Contract Documents are, in its opinion, adequate, feasible and complete for providing, performing and constructing the Work in a sound and suitable manner for the use specified and intended by the Contract Documents. The undersigned Bidder certifies that it has, or has available, all necessary equipment, personnel, materials, facilities and technical and financial ability to complete the Work for the amount bid herein within the Contract Time and in accordance with the Contract Documents. By: _______________________________ (Signature of Bidder’s Authorized Officer or Representative) _______________________________ (Typed or Printed Name) Title: ______________________________ Merced Community College District (2022-05) HVAC Upgrades at Various Buildings Long Form; Rev. June, 2018 Page|17 Bid Proposal -Alternate Bid Items; Section 00 42 13 ALTERNATE BID ITEMS PROPOSAL Bidder Name: ________________________________________ Project (2022-05) HVAC Upgrades at Various Buildings Bidders must provide a proposal price for each Alternate Bid Item set forth herein; failure to do so will result in rejection of the Bid Proposal for non-responsiveness. The amount proposed for each Alternate Bid Item by the above-identified Bidder is set forth hereinbelow: Alternate Item No. 1. All detailed and specified work on the Los Banos Campus. See Section 012300 ALTERNATES for additional information. □ Add __________________________________________ Dollars ($___________) to Base Bid Proposal Amount. Dated _______________________ By: ____________________________________________ (Signature of Bidder’s Authorized Officer or Representative) ____________________________________________ (Typed or Printed Name) Title: ____________________________________________ Merced Community College District (2022-05) HVAC Upgrades at Various Buildings Long Form; Rev. June, 2018 Page|18 THIS PAGE INTENTIONALLY BLANK Merced Community College District (2022-05) HVAC Upgrades at Various Buildings Long Form; Rev. June, 2018 Page|19 Subcontractor’s List; Section 00 43 36 SUBCONTRACTORS LIST Project (“the Work”) (2022-05) HVAC Upgrades at Various Buildings Bidder Name _________________________________________ Bidder’s Representative Signature _________________________________________ (Signature) _________________________________________ (Typed or Printed Name) Licensed Name of Subcontractor Trade or Portion of Work Address of Office, Mill or Shop Subcontractor CSLB License No. DIR Registration No. DUPLICATE THIS PAGE AS NECESSARY FOR LISTING ADDITIONAL SUBCONTRACTORS Merced Community College District (2022-05) HVAC Upgrades at Various Buildings Long Form; Rev. June, 2018 Page|20 THIS PAGE INTENTIONALLY BLANK Merced Community College District (2022-05) HVAC Upgrades at Various Buildings Long Form; Rev. June, 2018 Page|21 DIR Registration Verification; Section 00 45 10 VERIFICATION OF CONTRACTOR AND SUBCONTRACTORS’ DIR REGISTRATION I am the _______________________ of ___________________________________ (“Bidder”) (Title/Position) (Bidder Name) submitting the accompanying Bid Proposal for the Work described as (2022-05) HVAC Upgrades at Various Buildings. 1. The Bidder is currently registered as a contractor with the Department of Industrial Relations (“DIR”). 2. The Bidder’s DIR Registration Number is: _________________. The expiration date of the Bidder’s DIR Registration is June 30, 20___. 3. If the expiration date of the Bidder’s DIR Registration will occur prior to expiration of the Contract Time for the Work and the Bidder is awarded the Contract for the Work, prior to the Bidder’s DIR Registration expiration, the Bidder will take all measures necessary to renew the Bidder’s DIR Registration so that there is no lapse in the Bidder’s DIR Registration. 4. The Bidder, if awarded the Contract for the Work will remain a DIR registered contractor for the entire duration of the Work. 5. The Bidder has independently verified that each Subcontractor identified in the Subcontractors List is currently a DIR registered contractor. 6. The Bidder’s solicitation of subcontractor bids included notice to prospective subcontractors that: (i) all sub-tier subcontractors must be DIR registered contractors at all times during performance of the Work; and (ii) prospective subcontractors may only solicit sub-bids from and contract with lower-tier subcontractors who are DIR registered contractors. 7. If any of the statements herein are false or omit material facts rendering a statement to be false or misleading, the Bidder’s Bid Proposal is subject to rejection for non-responsiveness. 8. I have personal first hand-knowledge of all of the foregoing. I declare under penalty of perjury under California law that the foregoing is true and correct. Executed this ____ day of __________________, 20___ at ____________________________. (City and State) _______________________________ (Signature) _______________________________ (Name, typed or printed) Merced Community College District (2022-05) HVAC Upgrades at Various Buildings Long Form; Rev. June, 2018 Page|22 THIS PAGE INTENTIONALLY BLANK Merced Community College District (2022-05) HVAC Upgrades at Various Buildings Long Form; Rev. June, 2018 Page|23 Statement of Bidder’s Qualifications; Section 00 45 STATEMENT OF QUALIFICATIONS 1. Bidder Information. 1.1. Contact Information Mailing Address _____________________________________________ Street Address _____________________________________________ City, State, Zip Code Physical Location (if different from mailing address) _____________________________________________ Street Address _____________________________________________ City, State, Zip Code Telephone/Fax (______) __________________ Telephone (______) __________________ Fax 1.2. Bidder Contacts. Name ______________________________________ Contact Information Telephone: (______)______________________ Fax (______)______________________ Email _____________________________ 1.3. California Contractors’ License. License Number(s) ______________________________________ License Classification(s) ______________________________________ Responsible Managing Employee; Responsible Managing Officer ______________________________________ Expiration Date(s) ______________________________________ 1.4. Bidder Form of Entity.  Corporation  General Partnership  Limited Partnership  Limited Liability Company  Limited Liability Partnership  Joint Venture  Sole Proprietorship [CONTINUED NEXT PAGE] Merced Community College District (2022-05) HVAC Upgrades at Various Buildings Long Form; Rev. June, 2018 Page|24 Statement of Bidder’s Qualifications; Section 00 45 2. Revenue. Complete the following for the Applicant’s construction operations; if any portion of the revenue disclosed is generated by non-construction operations or activities, the Applicant must identify the portion of revenue attributed to construction operations and generally describe business activities of the Applicant that generates non-construction operations related revenue. Calendar Year/ Fiscal Year Annual Gross Revenue Average Dollar Value of all Contracts Dollar Value of Largest Contract Choose an item. Choose an item. Choose an item. 3. References. DSA Project Inspectors Firm Name Address Telephone No. Contact Name Owners (K-12 school districts or community colleges preferred) Owner Name Address Telephone No. Contact Name Architects (K-12 or Community College Projects) Architect Firm Name & Architect Firm Contact Name Address Telephone No. Contact Name [CONTINUED NEXT PAGE] Merced Community College District (2022-05) HVAC Upgrades at Various Buildings Long Form; Rev. June, 2018 Page|25 Statement of Bidder’s Qualifications; Section 00 45 4. Insurance. Commercial General Liability Insurance Insurer: _____________________________________ Policy No. _____________________________________ Broker _____________________________________ Commercial General Liability Insurance Broker (Contact Name) ____________________________________ ____________________________________________________ (Street Address) _____________________________________________________ (City, State & Zip Code) (______) __________________ (______) ___________________ Telephone Fax _____________________________________________________ (Email address) Bid, Performance and Labor & Materials Payment Bond Surety Surety: _____________________________________ Surety Broker _____________________________________ _____________________________________________________ (Surety Broker Contact Name) _____________________________________________________ (Street Address) _____________________________________________________ (City, State & Zip Code) (______) __________________ (______) ___________________ Telephone Fax _____________________________________________________ (Email address) Workers Compensation Insurance Insurer: _____________________________________ Policy No. _____________________________________ Broker _____________________________________ Workers Compensation Insurance Broker (Contact Name) ____________________________________ ____________________________________________________ (Street Address) _____________________________________________________ (City, State & Zip Code) (______) __________________ (______) ___________________ Telephone Fax _____________________________________________________ (Email address) [CONTINUED NEXT PAGE] Merced Community College District (2022-05) HVAC Upgrades at Various Buildings Long Form; Rev. June, 2018 Page|26 Statement of Bidder’s Qualifications; Section 00 45 5. Essential Requirements. A Bidder will not be deemed qualified if the answer to any of the following questions results in a “not qualified” response and the Bid Proposal submitted by such a Bidder will be rejected for non-responsiveness. 5.1. Bidder possesses a valid and currently in good standing California Contractors’ license for the Classification(s) of Contractors’ License required by the Call for Bids. __ Yes __ No (Not Qualified) 5.2. Bidder is currently a DIR Registered contractor. __ Yes __ No (Not Qualified) 5.3. Bidder has a current commercial general liability insurance policy with coverage limits which are equal to or greater than minimum coverage limits set forth in the Special Conditions. __ Yes __ No (Not Qualified) 5.4. Bidder has a current workers’ compensation insurance policy as required by the Labor Code or is legally self-insured pursuant to Labor Code §3700. __ Yes __ No (Not Qualified) __ Bidder is exempt from this requirement, because it has no employees 5.5. The Bidder ineligible or debarred from submitting Bid Proposals for public works projects or public works contracts pursuant Labor Code §1777.1 or Labor Code §1777.7. __ Yes (Not Qualified) __ No 5.6. A public agency, within the past five (5) years conducted proceedings that resulted in a finding that the Bidder, or any predecessor to the Bidder, is not a “responsible” bidder for a public works project or a public works contract. __ Yes (Not Qualified) __ No 5.7. During the last five (5) years, the Bidder or any predecessor to the Bidder, or any of the equity owners of the Bidder has been convicted of a federal or state crime involving fraud, theft, or any other act of dishonesty? __ Yes (Not Qualified) __ No 5.8. During the past five (5) years a Surety has completed any project or the Bidder’s obligations under a construction contract. __ Yes (Not Qualified) __ No 5.9. During the past five (5) years the Bidder has been declared in default under any construction contract to which the Bidder was a party. __ Yes (Not Qualified) __ No 5.10. The Bidder’s Worker’s Compensation Insurance average Experience Modification Rating (“EMR”) rating over the past five (5) years is more than 1.25. __ Yes (Not Qualified) __ No 5.11. The Bidder’s Workers Compensation Insurance EMR for the current policy term is more than 1.25. __ Yes (Not Qualified) __ No 6. Accuracy and Authority. The undersigned is duly authorized to execute this Statement of Qualifications under penalty of perjury on behalf of the above-identified Bidder. The undersigned warrants and represents that he/she has personal knowledge of each of the responses to this Statement of Qualifications and/or that he/she has conducted all necessary and appropriate inquiries to determine the truth, completeness and accuracy of responses to this Statement of Qualifications. The undersigned declares and certifies that the responses to this Statement of Qualifications are complete and accurate; there are no omissions of material fact or information that render any response to be false or misleading and there are no misstatements of fact in any of the Merced Community College District (2022-05) HVAC Upgrades at Various Buildings Long Form; Rev. June, 2018 Page|27 Statement of Bidder’s Qualifications; Section 00 45 responses. The above-identified Bidder acknowledges and agrees that if the District determines that any response herein is false or misleading or contains misstatements of fact so as to be false or misleading, the Bidder’s Bid Proposal may be rejected by the District for non-responsiveness. Executed this___ day of __________________ 20__ at_____________________________. (City and State) I declare under penalty of perjury under California law that the foregoing is true and correct. By: __________________________________________ (Signature of Bidder’s Authorized Officer or Representative) ___________________________________________ (Typed or Printed Name) Title: ___________________________________________ Merced Community College District (2022-05) HVAC Upgrades at Various Buildings Long Form; Rev. June, 2018 Page|28 THIS PAGE INTENTIONALLY BLANK Merced Community College District (2022-05) HVAC Upgrades at Various Buildings Long Form; Rev. June, 2018 Page|29 Non-Collusion Affidavit; Section 00 45 19 NON-COLLUSION AFFIDAVIT STATE OF CALIFORNIA COUNTY OF ______________________ I, __________________________________, being first duly sworn, deposes and says that I am (Typed or Printed Name) the ________________________ of ___________________________________, the party submitting (Title) (Bidder Name) the foregoing Bid Proposal (“the Bidder”). In connection with the foregoing Bid Proposal, the undersigned declares, states and certifies that: 1. The Bid Proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization or corporation. 2. The Bid Proposal is genuine and not collusive or sham. 3. The Bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any other bidder or anyone else to put in sham bid, or to refrain from bidding. 4. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to fix any overhead, profit or cost element of the bid price or that of any other bidder, or to secure any advantage against the public body awarding the contract or of anyone interested in the proposed contract. 5. All statements contained in the Bid Proposal and related documents are true. 6. The bidder has not, directly or indirectly, submitted the bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any person, corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Executed this ____ day of ___________, 20__ at _________________________________. (City, County and State) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. __________________________________________________ Signature __________________________________________________ Name Printed or Typed (________) ________________________________________ (Area Code and Telephone Number) Merced Community College District (2022-05) HVAC Upgrades at Various Buildings Long Form; Rev. June, 2018 Page|30 [THIS PAGE INTENTIONALLY BLANK] Merced Community College District (2022-05) HVAC Upgrades at Various Buildings Long Form; Rev. June, 2018 Page|31 Certificate of Workers Compensation Insurance; Section 00 45 23 CERTIFICATE OF WORKERS’ COMPENSATION INSURANCE I,___________________________ the _____________________________________ of (Name) (Title) ____________________________________, declare, state and certify that: (Contractor Name) 1. I am aware that California Labor Code § 3700(a) and (b) provides: “Every employer except the state shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this state. (b) By securing from the Director of Industrial Relations a certificate of consent to self-insure either as an individual employer, or one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees.” 2. I am aware that the provisions of California Labor Code §3700 require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of this Contract. ________________________________________ (Contractor Name) By:______________________________________ (Signature) _________________________________________ (Typed or printed name) Merced Community College District (2022-05) HVAC Upgrades at Various Buildings Long Form; Rev. June, 2018 Page|32 THIS PAGE INTENTIONALLY BLANK P a g e |3Short Form General Contractor (Rev. Jan. 2016) Drug-Free Workplace Certification; Section 00 45 27 DRUG-FREE WORKPLACE CERTIFICATION I, __________________________________, am the __________________________ of (Print Name) (Title) ___________________________________________________________________________ (Contractor Name) I declare, state and certify to all of the following: 1. I am aware of the provisions and requirements of California Government Code §§8350 et seq., the Drug Free Workplace Act of 1990. 2. I am authorized to certify, and do certify, on behalf of Contractor that a drug free workplace will be provided by Contractor by doing all of the following: A. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited in Contractor’s workplace and specifying actions which will be taken against employees for violation of the prohibition; B. Establishing a drug-free awareness program to inform employees about all of the following: i. The dangers of drug abuse in the workplace; ii. Contractor’s policy of maintaining a drug-free workplace; iii. The availability of drug counseling, rehabilitation and employee-assistance programs; and iv. The penalties that may be imposed upon employees for drug abuse violations; C. Requiring that each employee engaged in the performance of the Contract be given a copy of the statement required by subdivision (A), above, and that as a condition of employment by Contractor in connection with the Work of the Contract, the employee agrees to abide by the terms of the statement. D. Contractor agrees to fulfill and discharge all of Contractor’s obligations under the terms and requirements of California Government Code §8355 by, inter alia, publishing a statement notifying employees concerning: (i) the prohibition of any controlled substance in the workplace, (ii) establishing a drug-free awareness program, and (iii) requiring that each employee engaged in the performance of the Work of the Contract be given a copy of the statement required by California Government Code §8355(a) and requiring that the employee agree to abide by the terms of that statement. 3. Contractor and I understand that if the District determines that Contractor has either: (i) made a false certification herein, or (ii) violated this certification by failing to carry out and to implement the requirements of California Government Code §§8355, the Contract awarded herein is subject to termination, suspension of payments, or both. Contractor and I further understand that, should Contractor violate the terms of the Drug-Free Workplace Act of 1990, Contractor may be subject to debarment in accordance with the provisions of California Government Code §§8350, et seq. P a g e |4Short Form General Contractor (Rev. Jan. 2016) Drug-Free Workplace Certification; Section 00 45 27 4. Contractor and I acknowledge that Contractor and I are aware of the provisions of California Government Code §§8350, et seq. and hereby certify that Contractor and I will adhere to, fulfill, satisfy and discharge all provisions of and obligations under the Drug-Free Workplace Act of 1990. I declare under penalty of perjury under the laws of the State of California that all of the foregoing is true and correct. Executed at ______________________________________________________this ____day of (City and State) ________________, 20____. ________________________________________ (Signature) ________________________________________ (Printed or Typed Name) Merced Community College District (2022-05) HVAC Upgrades at Various Buildings Long Form; Rev. June, 2018 Page|33 Agreement; Section 00 52 00 AGREEMENT THIS AGREEMENT is entered into Click here to enter a date. in the City of Merced, County of Merced, State of California, by and between MERCED COMMUNITY COLLEGE DISTRICT, a California Community College District hereinafter “District” and ___________________ (“Contractor”). WITNESSETH, that the District and the Contractor in consideration of the mutual covenants contained herein agree as follows: 1. The Work. Within the Contract Time and for the Contract Price, subject to adjustments thereto pursuant to the Contract Documents, the Contractor shall perform and provide all necessary labor, materials, tools, equipment, utilities, services and transportation to complete in a workmanlike manner all of the Work required in connection with the work of improvement commonly referred to as (2022-05) HVAC Upgrades at Various Buildings. Contractor shall complete all Work covered by the Contract Documents, including without limitation, the Drawings and Specifications prepared by the Architect, and other Contract Documents enumerated in Article 5 below, along with all modifications and addenda thereto issued in accordance with the Contract Documents. 2. Contract Time. The Work shall be commenced on the date stated in the District’s Notice to Proceed; the Contractor shall achieve One Hundred Percent Completion of the Work within the Contract Time set forth in the Contract Documents. 3. Contract Price. The District shall pay the Contractor as full consideration for the Contractor’s full, complete and faithful performance of the Contractor’s obligations under the Contract Documents, subject to adjustments of the Contract Price in accordance with the Contract Documents, the Contract Price of ______________________________________________ Dollars ($_______________). The District’s payment of the Contract Price shall be in accordance with the Contract Documents. The Contract Price is based upon the Contractor’s Base Bid Proposal and the following Alternate Bid Items, if any: ______________________________. 4. Liquidated Damages. If the Contractor fails to achieve One Hundred Percent Completion of the Work within the Contract Time, including adjustments thereto authorized by the Contract Documents, the Contractor shall be subject to assessment of Liquidated Damages in accordance with the Contract Documents. Failure of the Contractor to complete Punchlist items noted upon One Hundred Percent Completion within the time established to complete the Punchlist items will result in the District’s assessment of Liquidated Damages in accordance with the Contract Documents. 5. The Contract Documents. The documents forming a part of the Contract Documents consist of the following, all of which are component parts of the Contract Documents. Section Description Section Description 00 01 10 Table of Contents 00 61 10 Bid Bond 00 11 13 Notice Calling for Bids 00 61 13 Performance Bond 00 21 13 Instructions for Bidders 00 61 14 Labor & Materials Payment Bond 00 41 22 Bid Proposal 00 62 90 Verification of Certified Payroll Records Submittal to Labor Commissioner 00 43 13 Bid Proposal; Alternate Bid Items Proposal 00 65 01 Conditional Waiver & Release on Progress Payment 00 43 36 Subcontractors List 00 65 02 Unconditional Waiver & Release on Progress Payment 00 45 10 DIR Registration Verification 00 65 03 Conditional Waiver & Release on Final Payment 00 45 13 Statement of Qualifications 00 65 04 Unconditional Waiver & Release on Final Payment 00 45 19 Non-Collusion Affidavit 00 65 36 Contractor Guarantee Form 00 45 23 Certificate of Workers Compensation Insurance 00 65 37 Contractor Certification of Subcontractor Claim 00 45 27 Drug-Free Workplace 00 72 13 General Conditions Merced Community College District (2022-05) HVAC Upgrades at Various Buildings Long Form; Rev. June, 2018 Page|34 Agreement; Section 00 52 00 Section Description Section Description Certification 00 52 00 Agreement 00 73 13 Special Conditions 6. Authority to Execute. The individual(s) executing this Agreement on behalf of the Contractor is/are duly and fully authorized to execute this Agreement on behalf of Contractor and to bind the Contractor to each and every term, condition and covenant of the Contract Documents. CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY THE CONTRACTORS’ STATE LICENSE BOARD. ANY QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED TO THE REGISTRAR, CONTRACTORS’ STATE LICENSE BOARD, P.O. BOX 2600, SACRAMENTO, CALIFORNIA 95826 IN WITNESS WHEREOF, this Agreement has been duly executed by the District and the Contractor as of the date set forth above. District Merced Community College District By: ___________________________ Title: ___________________________ Contractor [Contractor Name] By: ___________________________ Title: ___________________________ Merced Community College District (2022-05) HVAC Upgrades at Various Buildings Long Form; Rev. June, 2018 Page|35 Bid Bond; Section 00 61 10 BID BOND KNOW ALL MEN BY THESE PRESENTS that we, ________________________________, as Surety and ___________________________________, as Principal, are jointly and severally, along with their respective heirs, executors, administrators, successors and assigns, held and firmly bound unto MERCED COMMUNITY COLLEGE DISTRICT (“the Obligee”) for payment of the penal sum hereof in lawful money of the United States, as more particularly set forth herein. THE CONDITION OF THIS OBLIGATION IS SUCH THAT: WHEREAS, the Principal has submitted the accompanying Bid Proposal to the Obligee for the Work commonly described as (2022-05) HVAC Upgrades at Various Buildings. WHEREAS, subject to the terms of this Bond, the Surety and the Principal are jointly and severally firmly bound unto the Obligee in the penal sum equal to Ten Percent (10%) of the maximum amount of the Bid Proposal submitted by the Principal to the Obligee, inclusive of amounts proposed for Alternate Bid Items, if any. NOW THEREFORE, if the Principal shall not withdraw said Bid Proposal within the period specified therein after the opening of the same, or, if no period be specified, for sixty (60) days after opening of said Bid Proposal; and if the Principal is awarded the Contract, and shall within the period specified therefore, or if no period be specified, within five (5) days after the prescribed forms are presented to him for signature, enter into a written contract with the Obligee, in accordance with the Bid Proposal as accepted and give such bond(s) with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such Contract and for the payment for labor and materials used for the performance of the Contract, or in the event of the withdrawal of said Bid Proposal within the period specified for the holding open of the Bid Proposal or the failure of the Principal to enter into such Contract and give such bonds within the time specified, if the Principal shall pay the Obligee the difference between the amount specified in said Bid Proposal and the amount for which the Obligee may procure the required Work and/or supplies, if the latter amount be in excess of the former, together with all costs incurred by the Obligee in again calling for Bids, then the above obligation shall be void and of no effect, otherwise to remain in full force and effect. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or the Call for Bids, the Work to be performed there under, the Drawings or the Specifications accompanying the same, or any other portion of the Contract Documents shall in no way affect its obligations under this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of said Contract, the Call for Bids, the Work, the Drawings or the Specifications, or any other portion of the Contract Documents. If suit or other proceeding is brought upon this Bond by the Obligee, the Surety and Principal shall be jointly and severally liable for payment to the Obligee all costs, expenses and fees [CONTINUED NEXT PAGE] Merced Community College District (2022-05) HVAC Upgrades at Various Buildings Long Form; Rev. June, 2018 Page|36 Bid Bond; Section 00 61 10 incurred by the Obligee in connection therewith, including without limitation, attorneys ’ fees. IN WITNESS WHEREOF, the Principal and Surety have executed this instrument this ________ day of _______________, 20___ by their duly authorized agents or representatives. ___________________________________________________________ (Surety Name) By: ___________________________________________________ (Signature of Attorney-In-Fact for Surety) ___________________________________________________ (Typed or Printed Name of Attorney-In-Fact) (Attach: (i) Attorney-In-Fact Certification; (ii) Notary Public Acknowledgment of Authorizing Signature on Attorney-Fact Certification; and (iii) Notary Public Acknowledgement of Attorney-In- Fact’s Signature.) Contact name, address, telephone number and email address for notices to the Surety __________________________________________________________ (Contact Name) __________________________________________________________ (Street Address) __________________________________________________________ (City, State & Zip Code) (______) _____________ (______) ______________ Telephone Fax ____________________________________________ (Email address) ___________________________________________________________ (Bidder/Principal Name) By: ___________________________________________________ (Signature) ___________________________________________________ (Typed or Printed Name) Title: ___________________________________________________ (Attach Notary Public Acknowledgement of Principal’s Signature) Merced Community College District (2022-05) HVAC Upgrades at Various Buildings Long Form; Rev. June, 2018 Page|37 Performance Bond; Section 00 61 13 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS that we, ________________________________, as Surety and ___________________________________, as Principal, are jointly and severally, along with their respective heirs, executors, administrators, successors and assigns, held and firmly bound unto MERCED COMMUNITY COLLEGE DISTRICT (“the Obligee”) for payment of the penal sum the penal sum of ___________________________________________________________ Dollars ($______________________) in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally. THE CONDITION OF THIS OBLIGATION IS SUCH THAT: WHEREAS, the Obligee, by resolution of its Board of Trustees has awarded to the Principal a Contract for the Work described as (2022-05) HVAC Upgrades at Various Buildings. WHEREAS, the Principal, has entered into an agreement with the Obligee for performance of the Work; the Agreement and all other Contract Documents set forth therein are incorporated herein and made a part hereof by this reference. WHEREAS, by the terms of the Contract Documents, the Principal is required to furnish a bond ensuring the Principal’s prompt, full and faithful performance of the Work of the Contract Documents. NOW THEREFORE, if the Principal promptly, fully and faithfully performs each and all of the obligations and things to be done and performed by the Principal in strict accordance with the terms of the Contract Documents as they may be modified or amended from time to time; and if the Principal shall indemnify, defend and hold harmless the Obligee and all of its officers, agents and employees from any and all losses, liability and damages, claims, judgments, liens, costs, and fees of every description, which may be incurred by the Obligee by reason of the failure or default on the part of the Principal in the performance of any or all of the terms or the obligations of the Contract Documents, including all modifications, and amendments, thereto, and any warranties or guarantees required thereunder; then this obligation shall be void; otherwise, it shall be, and remain, in full force and effect. The Surety, for value received, stipulates and agrees that no change, adjustment of the Contract Time, adjustment of the Contract Price, alterations, deletions, additions, or any other modifications to the terms of the Contract Documents, the Work, or to the Specifications or the Drawings shall limit, restrict or otherwise impair Surety’s obligations or Obligee’s rights hereunder; Surety waives notice from the Obligee of any such changes, adjustments of Contract Time, adjustments of Contract Price, alterations, deletions, additions or other modifications to the Contract Documents, the Work, or the Drawings or the Specifications. In the event of the Obligee’s termination of the Contract due to the Principal’s breach or default of the Principal’s obligations thereunder, within twenty (20) days after written notice from the Obligee to the Surety of the Principal’s breach or default of the Contract Documents and Obligee’s termination of the Contract, the Surety shall notify Obligee in writing of Surety’s assumption of obligations hereunder by its election to either remedy the default or breach of the Principal or to take charge of the Work of the Contract Documents and complete the Work at its own expense (“the Notice of Election”); provided, however, that the procedure by which the Surety undertakes to discharge its obligations under this [CONTINUED NEXT PAGE] Merced Community College District (2022-05) HVAC Upgrades at Various Buildings Long Form; Rev. June, 2018 Page|38 Performance Bond; Section 00 61 13 Bond shall be subject to the advance written approval of the Obligee, which approval shall not be unreasonably withheld, limited or restricted. The insolvency of the Principal or the Principal’s denial of a failure of performance or default under the Contract Documents shall not by itself, without the Surety’s prompt, diligent inquiry and investigation of such denial, be justification for Surety’s failure to give the Notice of Election or for its failure to promptly remedy the failure of performance or default of the Principal or to complete the Work. If the Surety fails to issue its Notice of Election to Obligee within the time provided for hereinabove, the Obligee may thereafter cause the cure or remedy of the Principal’s failure of performance or default or to complete the Work. The Principal and the Surety are jointly and severally liable to the Obligee for all damages and costs sustained by the Obligee as a result of the Principal’s failure of performance under the Contract Documents or default in its performance of obligations thereunder, including without limitation the costs of cure or completion of the Work exceeding the then remaining balance of the Contract Price; provided that the Surety’s liability hereunder for the costs of performance, damages and other costs sustained by the Obligee upon the Principal’s failure of performance or default under the Contract Documents is limited to the penal sum hereof, which includes the costs or value of any Changes to the Work which increases the Contract Price. If suit or other proceeding is brought upon this Bond by the Obligee, the Surety and Principal are jointly and severally liable for payment to the Obligee of all costs, expenses and fees incurred by the Obligee therewith, including without limitation, attorneys’ fees. IN WITNESS WHEREOF, the Principal and Surety have executed this instrument this _____day of __________, 20____ by their duly authorized agent or representative. Contact name, address, telephone number and email address for notices to the Surety ___________________________________________ (Contact Name) ___________________________________________ (Street Address) ___________________________________________ (City, State & Zip Code) (______) _____________ (______) ______________ Telephone Fax ____________________________________________ (Email address) ___________________________________________________________ (Contractor-Principal Name) By: ___________________________________________________ (Signature) ___________________________________________________ (Typed or Printed Name) Title: ___________________________________________________ (Attach Notary Public Acknowledgement of Principal’s Signature) ___________________________________________________________ (Surety Name) By: ___________________________________________________ (Signature of Attorney-In-Fact for Surety) ___________________________________________________ (Typed or Printed Name of Attorney-In-Fact) (Attach: (i) Attorney-In-Fact Certification; (ii) Notary Public Acknowledgment of Authorizing Signature on Attorney-Fact Certification; and (iii) Notary Public Acknowledgement of Attorney-In- Fact’s Signature.) Merced Community College District (2022-05) HVAC Upgrades at Various Buildings Long Form; Rev. June, 2018 Page|39 Labor and Material Payment Bond; Section 00 61 14 LABOR AND MATERIAL PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS that we, ________________________________, as Surety and ___________________________________, as Principal, are jointly and severally, along with their respective heirs, executors, administrators, successors and assigns, held and firmly bound unto MERCED COMMUNITY COLLEGE DISTRICT (“the Obligee”) for payment of the penal sum the penal sum of ___________________________________________________________ Dollars ($______________________) in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally. THE CONDITION OF THIS OBLIGATION IS SUCH THAT: WHEREAS, the Obligee, by resolution of its Board of Trustees has awarded to the Principal a Contract for the Work described as (2022-05) HVAC Upgrades at Various Buildings. WHEREAS, the Principal, has entered into an Agreement with the Obligee for performance of the Work, the Agreement and all other Contract Documents set forth therein are incorporated herein by this reference and made a part hereof. WHEREAS, by the terms of the Contract Documents, the Principal is required to furnish a bond for the prompt, full and faithful payment to any Claimant, as hereinafter defined, for all labor materials or services used, or reasonably required for use, in the performance of the Work. NOW THEREFORE, if the Principal shall promptly, fully and faithfully make payment: (i) to any Claimant for all labor, materials or services used or reasonably required for use in the performance of the Work; (ii) of amounts due under the Unemployment Insurance Code for work or labor performed under the Contract; and (iii) of amounts required to be deducted, withheld and paid to the Employment Development Department from wages of the employees of the Principal and its Subcontractors under Section 13020 of the Unemployment Insurance Code with respect to work and labor under the Contract then this obligation shall be void; otherwise, it shall be, and remain, in full force and effect. The term “Claimant” shall refer to any person, corporation, partnership, proprietorship or other entity including without limitation, all persons and entities described in California Civil Code §9100, providing or furnishing labor, materials or services used or reasonably required for use in the performance of the Work under the Contract Documents, without regard for whether such labor, materials or services were sold, leased or rented. This Bond shall inure to the benefit of all Claimants so as to give them, or their assigns and successors, a right of action upon this Bond. If suit is brought on this Bond by any Claimant for amounts due such Claimant for labor, materials or services provided or furnished by such Claimant, the Surety shall pay for the same and reasonable attorneys’ fees pursuant to California Civil Code §9554. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, deletion, addition, or any other modification to the terms of the Contract Documents, the Work to be performed thereunder, the Specifications or the Drawings, or any other portion of the Contract Documents, shall in any way limit, restrict or otherwise affect its obligations under this Bond; the Surety hereby waives notice from the Obligee of any such change, extension of time, alteration [CONTINUED NEXT PAGE] Merced Community College District (2022-05) HVAC Upgrades at Various Buildings Long Form; Rev. June, 2018 Page|40 Labor and Material Payment Bond; Section 00 61 14 deletion, addition or other modification to the Contract Documents, the Work to be performed under the Contract Documents, the Drawings or the Specifications of any other portion of the Contract Documents. IN WITNESS WHEREOF, the Principal and Surety have executed this instrument this ________ day of __________, 20__ by their duly authorized agent or representative. ___________________________________________________________ (Contractor-Principal Name) By: ___________________________________________________ (Signature) ___________________________________________________ (Typed or Printed Name) Title: ____________________________________________________ (Attach Notary Public Acknowledgement of Principal’s Signature) ___________________________________________________________ (Surety Name) By: ___________________________________________________ (Signature of Attorney-In-Fact for Surety) ___________________________________________________ (Typed or Printed Name of Attorney-In-Fact) (Attach: (i) Attorney-In-Fact Certification; (ii) Notary Public Acknowledgment of Authorizing Signature on Attorney-Fact Certification; and (iii) Notary Public Acknowledgement of Attorney-In- Fact’s Signature) Contact name, address, telephone number and email address for notices to the Surety __________________________________________________________ (Contact Name) __________________________________________________________ (Street Address) __________________________________________________________ (City, State & Zip Code) (______) _____________ (______) ______________ Telephone Fax ____________________________________________ (Email address) Merced Community College District (2022-05) HVAC Upgrades at Various Buildings Long Form; Rev. June, 2018 Page|41 Verification of Certified Payroll Records Submittal to Labor Commissioner Section 00 62 90 VERIFICATION OF CERTIFIED PAYROLL RECORDS SUBMITTAL TO LABOR COMMISSIONER I am the ________________________________ for ______________________________ in (Superintendent/Project Manager) (Contractor) connection with (2022-05) HVAC Upgrades at Various Buildings. 1. This Verification is submitted to Merced Community College District concurrently with the Contractor’s submittal of an Application for Progress Payment to the District, identified as Application For Progress Payment No. ______________ (“the Pay Application”). 2. The Pay Application requests the District’s disbursement of a Progress Payment for the value of Work performed between _____________________, 20___ and ________________, 20___. 3. The Contractor has submitted Certified Payroll Records (“CPR”) to the Labor Commissioner for all employees of the Contractor engaged in performance of Work subject to prevailing wage rate requirements for the period of time covered by the Pay Application. 4. All Subcontractors who are entitled to any portion of payment to be disbursed pursuant to the Pay Application have submitted their CPRs to the Labor Commissioner for all of their employees performing Work subject to prevailing wage rate requirements for the period of time covered by the Pay Application. 5. I have reviewed the Contractor’s CPRs submitted to the Labor Commissioner. The CPRs submitted to the Labor Commissioner by the Contractor are complete and accurate for the period of time covered by the Pay Application. 6. I have reviewed the Subcontractors’ CPRs submitted to the Labor Commissioner. The CPRs submitted to the Labor Commissioner by the Subcontractors are complete and accurate for the period of time covered by the Pay Application. I declare under penalty of perjury under California law that the foregoing is true and correct. I executed this Certification on the ____ day of _________________, 20___ at ______________________________________. (City and State) By: ___________________________________ ___________________________________ (Typed or Printed Name)